MR. ABHISHEK BALAPPA BEVANUR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102914 OF 2026
(439(CR.PC)/483(BNSS)
BETWEEN:
MR. ABHISHEK BALAPPA BEVANUR
AGE: 19 YEARS, OCC: STUDENT,
R/O. YALPARATTI RENUKA NAGAR-591317,
TQ: RAIBAG, DIST: BELAGAVI.
… PETITIONER
(BY SRI. HANUMESH DESAI, ADVOCATE FOR
SRI. N. D.GUNDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HARUGERI POLICE STATION,
BELAGAVI,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
2. SMT. LATA W/O. VIJAY PATIL
AGE: 41 YEARS, OCC: EMPLOYEE IN HOTEL,
R/O. KOTATNUR VILLAGE,
NEAR YALLAMMA DEVI TEMPLE-59134,
TQ: ATHANI, DIST: BELAGAVI,
CW-12/MOTHER.
3. SMT. LAXMIBAYI W/O. SHRIKANTH PARIT
AGE: 37 YEARS, OCC: HOUSE WIFE,
R/O. MUDHOL, NEAR SAIDASAB DARGA-587313,
TQ: MUDHOL, DIST: BAGALKOT,
C-17/MOTHER.
… RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1,
SRI. DHANANJAY H.M., ADVOCATE FOR R2 AND R3)
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HC-KAR
NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
AND U/SEC. 483 OF BNSS, PRAYING TO GRANT BAIL TO THE
PETITIONER IN CRIME NO.12/2025 REGISTERED IN HARUGERI
POLICE STATION, LEARNED DESIGNATED AS SPECIAL COURT FOR
POCSO/ II ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN
SPECIAL CASE NO.223/2025 REGISTERED FOR THE OFFENCES
PUNISHABLE U/SEC. 96, 70(2), 64(2), (M), 75(1)(I), 75(1)(II), 76,
126(2), 115(2), 351(2), 3(5) OF BNS AND SECTION 4, 6, 12 OF
POCSO ACT-2012 AND SECTION 66(E), 67(A) OF INFORMATION
TECHNOLOGY ACT-2000.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri.Hanumesh Desai, learned counsel for
Sri.Neelendra D.Gunde, learned counsel for the
petitioner/accused No.1 and Sri.Jairam Siddi, learned High
Court Government Pleader for respondent No.1-State.
2. This petition is filed by the petitioner/accused No.1
under Section 439 of the Code of Criminal Procedure Code,
1973 (483 of the Bharatiya Nagarik Suraksha Sanhita, 2023),
seeking to enlarge him on regular bail in Special Case
No.223/2025, pending before the learned II Additional District
and Sessions Judge and Special Court for trial of POCSO Cases,
Belagavi arising out of Crime No.12/2025 of Harugeri Police
Station, Belagavi District, registered for the offences punishable
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HC-KAR
NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
under Sections 96, 70(2), 64(2)(m), 75(1)(ii), 76, 126(2),
115(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
read with Sections 4, 6 and 12 of the Protection of Children
from Sexual Offences Act, 2012 and Sections 66(E) and 67(A)
of the Information Technology Act, 2000.
3. The brief facts of the prosecution case in nutshell
are as under:
The victim girl and accused No.1 came into contact
through Instagram in the year 2024. On 22.12.2024 at 03:00
p.m., accused No.1 and 2 met the victim and CW11, they
exchanged their phone numbers. On 03.01.2025, accused No.1
and 2 allegedly committed penetrative sexual assault on the
victims. Hence, they lodged the complaint. During the course of
investigation, these petitioners were arrested and in turn, they
were remanded to judicial custody. Hence, this petition.
4. The learned counsel for the petitioner contended
that the petitioners are falsely implicated in the case. It is
further contended that the evidence of victim PWs.1 and 2 were
recorded before the trial Court and in the evidence, they turned
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NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
hostile to the case of prosecution. On these grounds, the
petitioner/accused No.1 may be enlarged on bail. The petitioner
is permanent resident of the address mentioned in the cause
title of the petition and he is ready and willing to abide by the
conditions to be imposed by this Court. Hence, learned counsel
for the petitioner prayed to allow the petition.
5. Per contra , learned HCGP contended that there is
serious allegation against the petitioner, though both the
victims turned hostile to the case of prosecution, remaining
witnesses have to be examined by the trial Court. Hence,
learned HCGP prayed to reject the petition.
6. The perusal of the deposition of PW.1 and entire
charge-sheet material on record, reveals that she has
completely turned hostile to the case of prosecution and she
denied the suggestion of learned Public Prosecutor as to the
aggravated and penetrative sexual assault on her and CW.11.
The perusal of the evidence of PW2 (CW . 11-another victim),
she also not supported the case of the prosecution. Thus, she
completely turned hostile. It shows that the victims are not
supported the case. The victims are not supported the case of
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HC-KAR
NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
prosecution and the trial in the matter may take a considerable
amount of time. Under these circumstances, the petitioner is
entitled for bail.
7. It is well established principles of law that while
granting bail, Court has to consider the nature of the offence,
circumstances in which the offence is committed, position and
status of the petitioner with reference to the victim and
witnesses, likelihood of fleeing away from justice, of repeating
same offences by the petitioner. The possibility of tampering
with the witnesses, character and antecedents of the
petitioners. Further, the law is well settled that while disposing
of the bail petition, the Court need not scan the prosecution
papers and hold mini trial. The Co-ordinate bench of this Court
had already granted bail in favour of accused Nos.2 and 3 in
Crl.P.No.102164/2026.
8. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged against him. Therefore, the petitioner is
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NC: 2026:KHC-D:18509
CRL.P No. 102914 of 2026
CNR: KAHC020192672026
entitled for bail. Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
The criminal petition is .
The petitioner-accused No.1 is ordered to be enlarged on
bail in Special Case No.223/2025, pending before the learned II
Additional District and Sessions Judge and Special Court for
trial of POCSO Cases, Belagavi, arising out of Crime
No.12/2025 of Harugeri Police Station, Belagavi District,
registered for the offences punishable under Sections 96,
70(2), 64(2)(m), 75(1)(ii), 76, 126(2), 115(2), 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections
4, 6 and 12 of the Protection of Children from Sexual Offences
Act, 2012 and Sections 66(E) and 67(A) of the Information
Technology Act, 2000, on executing personal bond in a sum of
Rs.2,00,000/- with two sureties for the like sum to the
satisfaction of learned Sessions Judge, subject to the following
conditions:
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CRL.P No. 102914 of 2026
CNR: KAHC020192672026
(i) The petitioner shall not threaten or tamper
the prosecution witnesses either directly or
indirectly.
(ii) The petitioner shall attend the trial Court
regularly as and when required.
(iii) The petitioner shall not involve in the similar
or any other offences.
Violation of any one of the conditions, would entitle the
prosecution to seek for cancellation of the bail.
NOTE :- The observations made in the petition is only for
disposal of the petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM/-
CT:GSM
LIST NO.: 1 SL NO.: 21